Pennsylvania and PICS Approvals and Denials

PICS - also known as Pennsylvania Instant Check System, broken down for simplicity.
To accurately describe what happens in PA during a gun purchase is an application to purchase a gun is instantly initiated. That is the only instant part about it. What happens now is an FBI background check is sent back to an operator for the State Police who manually reviews it. At that point a determination is made: Approved, Denied, or Undetermined
This post is to address the denied or undetermined. The questionnaire on the gun application asks two main questions about criminality:
1) Convicted of any felonies
2) Convicted of misdemeanor domestic violence
Well, many simple assault charges are never classified as domestic or not, especially older ones. So now an operator has become the arbiter to make this decision. The first step in taking away gun rights is in the hands of an operator. 
Convicted of any felonies. But hold up, that's not what their paperwork says. They say:

Charged WITH or convicted of a crime punishable by.... reason for denial AT THE TIME
You read that right, if you were ever charged with a felony, but not convicted, you are still denied. Now, sure, you can beat this but the issue is many won't contest. Now that individual, who by law, can legally purchase a fire arm, is put into that *database. Once in that *database, you will be denied every single time and most likely looking at felony charges for lying on the application.

And just to be clear, PICS is not a database driven event. Sure, there is a database, but getting denied doesn't mean you are in it.
Much more to discuss but that's it for this first post.

 

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